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[gnso-irtpc] IRTP / Change of Control - My View

  • To: <gnso-irtpc@xxxxxxxxx>
  • Subject: [gnso-irtpc] IRTP / Change of Control - My View
  • From: "Rob Golding" <rob.golding@xxxxxxxxxxxxxxx>
  • Date: Tue, 8 May 2012 16:15:01 +0100

Coming from a ccTLD viewpoint, it is extremely common for domains to be
restricted to certain parties by
* business type
* locality
* legal point of origin
Etc

And a number of ccTLD Registries do not allow updates to the Registrant
outside of their formal (and often charged for) processes as it changes the
parties in the "contract".

Therefore a formal Change-of-*Owner* concept already exists in the minds of
the Registrants. 

Some gTLDs are different, in that they have always been more "flexible" in
updates to contacts, with less of a formal concept of a Registrant. Other
gTLDs are "restrictive" in their availability to Registrants, and have a
variety of ways of dealing with the concept (CED on .ASIA for example)

As one of the reasons Registries and Registrars "lock" a domain from being
transferred between Registrars is as a result of actual or perceived "change
of control" (updates to Registrant details) a formal policy detailing what
consists a change of control is needed.

Domain Contacts are obliged to check/update their details at least annually
(WDRP Policy), and all Registrars are already obliged to provide facilities
for them to do so.

Any change-of-control (preferably any change of details) should be...
* Acknowledged by the "updated" contact
* Informed to the "previous" contact

Why ?
- it would be impractical and impossible to get express permission from the
"previous" contact, as IME the main group which updates their details are
because of the WDRP reminder, and the existing contact details are invalid.
- the "updated" contact should have to agree to the Registrars
Terms&Conditions

Change-of-Control should be defined as
* updating contact Primary Contact Method (usually Email Address)
* updating contact Name
* updating Contact Organisation

Currently email-address is optional not mandatory, and can be substituted by
Telephone Number or Fax Number. 

Email address should become mandatory on contact updates.

Domains which are "super-locked" (see IRTP - My View) should not allow any
Contact details update until the lock is (permanently or temporarily)
removed.

Once details are updated, this should prevent domains from being transferred
to a gaining Registrar for 60 days (as per current .ORG policy) to prevent
"hijacking" cases.

This does not impede the 2ndary market in domains at all, as the Transfer to
gaining Registrar is already a separate process to Contact updates, and can
be completed firs, before the Change-of-Control.

Rob




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